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1953 Supreme(Ker) 4

GOVINDA PILLAI
Thanga Pandiyan – Appellant
Versus
S. R. Periaswami Thevar – Respondent


Judgment :-

1. The plaintiff has filed this revision petition against the order of the lower court directing him to pay court fees on the market value of the property involved in this case. The 1st defendant is the plaintiffs father and the 2nd defendant is a stranger. The plaint property is alleged to belong to the plaintiff under a gift deed from his paternal uncle. This gift deed was in 1105 and at that time the plaintiff was a minor. It was stated that his father, the 1st defendant was looking after the property and collecting the income. It was also alleged in the plaint that as the plaintiff had to stay away from Shencotta for his education he had arranged with his father to collect the yield from the properties and to dispose of it as per his directions. On the ground that the 1st defendant was neither collecting the income properly, nor fully remitting to the plaintiff whatever amount that had been collected, the plaintiff wanted to terminate this arrangement and to collect the income and to conserve the yield from the properties. It was alleged, that in this, the plaintiff was obstructed by the 1st defendant. The 2nd defendant was also impleaded in the case as he had joine





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